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Can CBP See Your Criminal Record at the Border?

LAW-ENFORCEMENT CHECKS DURING BORDER INSPECTION

Can CBP See Your Criminal Record at the Border?

CBP inspection systems conduct law-enforcement queries that can return information such as wants, warrants, lookout records and data from systems including the National Crime Information Center. But travelers should not assume that every arrest or court record from every jurisdiction or country will necessarily appear in every inspection.

CBP Checks May Identify

  • Outstanding warrants
  • Law-enforcement lookouts
  • Certain arrest or criminal-history information
  • Prior CBP enforcement records
  • Biometric matches

CBP Conducts Law-Enforcement Database Checks

DHS documentation states that traveler information is screened against TECS records and other law-enforcement databases, including the National Crime Information Center, to identify possible security or law-enforcement concerns.

Do not assume that a case is invisible to CBP merely because the traveler was never convicted. Law-enforcement systems can contain information other than final convictions.

Wants and Warrants Can Appear

Current CBP processing documentation expressly identifies outstanding wants and warrants among information that may be available to the inspecting officer.

An Arrest Is Not the Same as Immigration Inadmissibility

The fact that CBP can identify an arrest or law-enforcement record does not by itself establish a criminal ground of inadmissibility. The disposition, statute, conduct and applicable immigration law still must be analyzed.

See Arrest With No Conviction and U.S. Entry.

Do Not Assume Every Foreign Record Is Automatically Available

CBP has substantial law-enforcement information-sharing capabilities, but official public sources do not support claiming that every police or court record from every foreign country automatically appears on a CBP officer’s screen.

Where the traveler has a foreign criminal history, the safest approach is to review the actual certified records rather than rely on assumptions about database visibility.

Expunged or Vacated Cases Still Require Legal Review

A record being sealed, expunged or vacated does not answer whether CBP may have historical law-enforcement information or whether the disposition continues to matter under immigration law.

See Vacated or Expunged Conviction and U.S. Immigration.

Global Entry Uses Similar Law-Enforcement Checks

CBP’s current Trusted Traveler Program materials identify criminal history, arrests, pending charges, warrants, immigration violations and law-enforcement investigations as information relevant to program eligibility.

Documents to Carry or Obtain

  • Certified court disposition.
  • Charging document where necessary.
  • Sentencing record.
  • Evidence of dismissal.
  • Vacatur order and underlying motion where applicable.
  • Certified foreign court record and translation.
  • Prior immigration waiver or admissibility decision where relevant.

Frequently Asked Questions

Can CBP see an outstanding warrant?

Current CBP documentation expressly identifies outstanding wants and warrants among information available during inspection screening.

Can CBP see an arrest that did not lead to conviction?

Law-enforcement systems can contain information beyond convictions, so it is unsafe to assume that a non-conviction event will necessarily be invisible.

Does an arrest automatically make me inadmissible?

No. The immigration consequence must be analyzed separately from the existence of the law-enforcement record.

Primary Government Sources

These government materials describe the principal CBP inspection, travel-record and law-enforcement systems discussed on this page.

Review the Actual Criminal Record Before the Next Border Inspection

What appears in a government database and what creates immigration inadmissibility are two different questions. Both should be addressed before travel.